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Justice Phillip Dollars Tunoi
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washiku
#231 Posted : Monday, February 22, 2016 5:21:14 PM
Rank: Chief

Joined: 5/9/2007
Posts: 13,095
The constitution says the President "SHALL" appoint...within 14days. No exception...

The President argues the guy 'is not a judge' because as per the prevailing ruling, he ought to have retired.

He says we "wait" for the Court of Appeal ruling, which is under a different "Independent" body...There are no timelines as at when they shall make that ruling, since they are independent, they shall as well go on for a few years

Assuming, they make the ruling and decides Tunoi, should have retired a long time ago, Tunoi has a right to appeal at Supreme Court. At this point, again, the president will argue the Judge is retired hence he can't appoint a tribunal.

If the Appeal court rules that he can stay, the President may at that point decide he can appoint the Tribunal. HOWEVER, the very first part of 14 days lingers in mind.

The grounds for removal of a president are clear, one being GROSS violation of the constitution. Isn't this a violation?

The legal things are funny if not silly.
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alma1
#232 Posted : Monday, February 22, 2016 5:34:45 PM
Rank: Elder

Joined: 9/19/2015
Posts: 2,871
Location: hapo
I'm waiting for those fellows who keep on typing that Mutunga's court yada yada yada. And say that the president's hands are tied because of the new constitution.
Thieves are not good people. Tumeelewana?
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murchr
#233 Posted : Monday, February 22, 2016 5:37:35 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
UK should appoint this tribunal.
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
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kaka2za
#234 Posted : Monday, February 22, 2016 5:56:31 PM
Rank: Elder

Joined: 10/3/2008
Posts: 4,058
Location: Gwitu
Yaani I stood in the queue for four hours to vote for this guy??!!!
Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
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Mike Ock
#235 Posted : Monday, February 22, 2016 6:22:15 PM
Rank: Member

Joined: 1/22/2015
Posts: 682
alma1 wrote:
I'm waiting for those fellows who keep on typing that Mutunga's court yada yada yada. And say that the president's hands are tied because of the new constitution.


Also those shenzi types who say "the president is good, it's just his friends/relatives who are bad
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maka
#236 Posted : Monday, February 22, 2016 6:23:06 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
kaka2za wrote:
Yaani I stood in the queue for four hours to vote for this guy??!!!


Yes you did...pole
possunt quia posse videntur
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Angelica _ann
#237 Posted : Monday, February 22, 2016 6:40:50 PM
Rank: Elder

Joined: 12/7/2012
Posts: 11,941
Mike Ock wrote:
alma1 wrote:
I'm waiting for those fellows who keep on typing that Mutunga's court yada yada yada. And say that the president's hands are tied because of the new constitution.


Also those shenzi types who say "the president is good, it's just his friends/relatives who are bad

Same same old friendly thugs smile
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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harrydre
#238 Posted : Monday, February 22, 2016 7:32:30 PM
Rank: Elder

Joined: 7/10/2008
Posts: 9,131
Location: Kanjo
washiku wrote:
The constitution says the President "SHALL" appoint...within 14days. No exception...

The President argues the guy 'is not a judge' because as per the prevailing ruling, he ought to have retired.

He says we "wait" for the Court of Appeal ruling, which is under a different "Independent" body...There are no timelines as at when they shall make that ruling, since they are independent, they shall as well go on for a few years

Assuming, they make the ruling and decides Tunoi, should have retired a long time ago, Tunoi has a right to appeal at Supreme Court. At this point, again, the president will argue the Judge is retired hence he can't appoint a tribunal.

If the Appeal court rules that he can stay, the President may at that point decide he can appoint the Tribunal. HOWEVER, the very first part of 14 days lingers in mind.

The grounds for removal of a president are clear, one being GROSS violation of the constitution. Isn't this a violation?

The legal things are funny if not silly.


The timing the timing!

1)2017
2)Kidero
2)Kaleo votes

hii hata pamba atanyamaza kimya! The sad state of our politics.
i.am.back!!!!
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Angelica _ann
#239 Posted : Monday, February 22, 2016 8:15:07 PM
Rank: Elder

Joined: 12/7/2012
Posts: 11,941
harrydre wrote:
washiku wrote:
The constitution says the President "SHALL" appoint...within 14days. No exception...

The President argues the guy 'is not a judge' because as per the prevailing ruling, he ought to have retired.

He says we "wait" for the Court of Appeal ruling, which is under a different "Independent" body...There are no timelines as at when they shall make that ruling, since they are independent, they shall as well go on for a few years

Assuming, they make the ruling and decides Tunoi, should have retired a long time ago, Tunoi has a right to appeal at Supreme Court. At this point, again, the president will argue the Judge is retired hence he can't appoint a tribunal.

If the Appeal court rules that he can stay, the President may at that point decide he can appoint the Tribunal. HOWEVER, the very first part of 14 days lingers in mind.

The grounds for removal of a president are clear, one being GROSS violation of the constitution. Isn't this a violation?

The legal things are funny if not silly.


The timing the timing!

1)2017
2)Kidero
2)Kaleo votes

hii hata pamba atanyamaza kimya! The sad state of our politics.

So fighting corruption now depends on timing, isorite Sad
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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keraka
#240 Posted : Monday, February 22, 2016 8:32:05 PM
Rank: Member

Joined: 2/24/2010
Posts: 637
Location: Nairobi
Robinhood wrote:
What do you think they would have done in the Kericho by-election had Tunoi been fired? They would have thrown Arap Weston's candidate under the bus without a second thought...
Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Thats called brutal honesty.
The only thing necessary for the triumph of evil is for good men to do nothing.
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